Andrae is a partner in the Business Law Group and Co-Chair of the Franchise and Distribution Law Group at McMillan LLP. His transactional practice is focused on advising domestic and international businesses on franchise and distribution matters and corporate/M&A transactions. He has particular expertise in complex franchise arrangements, franchise system mergers and acquisitions, and cross-border/international transactions.

Andrae works with businesses and franchise systems (from start-ups to mature international enterprises) across a broad range of industries including professional services, technology, automotive, restaurant, retail, fitness and healthcare, childcare and education, real estate, manufacturing, and commercial services.

Andrae frequently presents at Canadian and international franchise conferences and events, and routinely writes for national and international franchise journals and publications. He is an active member of various North American franchise organizations, and serves on several steering committees.

Andrae has been awarded the Certified Franchise Executive designation by the Institute of Certified Franchise Executives and is repeatedly named on the prestigious list of “Legal Eagles” by Franchise Times. He is also recognized by Chambers Canada, Who’s Who Legal: Franchise, Who’s Who Legal: Canada, The Canadian Legal Lexpert Directory, the Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada, and Best Lawyers in Canada. Andrae’s literary contributions on the subject of franchise related mergers and acquisitions have earned him the title of “Expert” by Getting the Deal Through.

Electronic and Courier Delivery Coming to Ontario

After long anticipation from the franchise industry, the government of Ontario has finally amended regulations under the Arthur Wishart Act (Franchise Disclosure), 2000 (“Act”) to expressly allow a franchisor to deliver its franchise disclosure document electronically and by prepaid courier. Once the amended regulations come into effect on July 1, 2016, there will be four acceptable means of delivery of a franchise disclosure document in Ontario: personally, by registered mail, by prepaid courier, and electronically.

In order to deliver a disclosure document electronically, the following specific requirements must be met:

the document must be delivered in a form that enables the recipient to view, store, retrieve and print it;

the document must not contain any links to external documents or content;

the document must contain an index for each separate electronic file comprising the document where each index sets out the file name and, if the file name is not sufficiently descriptive of the subject matter of the file, a statement of that subject matter; and

the franchisor must receive written acknowledgment of receipt from the prospective franchisee.

The amended regulations also permit delivery of a notice of rescission by prepaid courier in addition to personal delivery, registered mail or fax.

All general requirements pertaining to disclosure (e.g. that disclosure be made as one document at one time) will clearly apply to the new forms of disclosure.

Prior to these amendments, Ontario was the only province that specified mandatory delivery methods and did not explicitly permit delivery electronically or by courier. The amended regulations streamline the delivery requirements, and create greater consistency, across Canada.

This article is published to inform clients and contacts of important developments in the field of franchise and distribution law. The content is informational only and does not constitute legal or professional advice. We encourage you to consult a Dickinson Wright attorney if you have specific questions or concerns relating to any of the topics covered here.